Bicyclist’s tort claim against Chicago posed intended user question

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted June 23, 2022 11:08 AM

Seriously injured when he peddled into pothole near a Divvy station on a street that didn’t have a bike lane, Clark Alave’s negligence claim against the city of Chicago presented an important question of first impression about bicyclists as “intended” users of a roadway.Section 3-102 of the Local Governmental and Governmental Employees Tort Immunity Act says that a city’s duty to maintain its premises in a reasonably safe condition is limited to “people whom the entity intended and permitted to use the property.” The city …

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